(735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
Sec. 13-202.2. Childhood sexual abuse.
(a) In this Section:
"Childhood sexual abuse" means an act of sexual
abuse that occurs when the person abused is under 18 years of age.
"Sexual abuse" includes but is not limited to sexual conduct and sexual
penetration as defined in Section 11-0.1 of the Criminal Code of 2012.
(b) Notwithstanding any other provision of law, an action for damages
for personal injury based on childhood sexual
abuse must be commenced within 20 years of the date the limitation period
begins to run under subsection (d) or within 20 years of
the date the person abused
discovers or through the use of reasonable diligence should discover both
(i) that
the act of childhood sexual abuse occurred and (ii) that the injury was
caused
by the childhood sexual abuse.
The fact that the person abused discovers or through the use of reasonable
diligence should discover that the act of childhood sexual abuse occurred is
not, by itself, sufficient to start the discovery period under this subsection
(b). Knowledge of the abuse does not constitute discovery of the injury
or the causal relationship between any later-discovered injury and the abuse.
(c) If the injury is caused by 2 or more acts of childhood sexual
abuse that are part of a continuing series of acts of childhood sexual
abuse by the same abuser, then the discovery period under subsection
(b) shall be computed from the date the person abused discovers or through
the use of reasonable diligence should discover both (i) that the last act
of
childhood sexual abuse in the continuing series occurred and (ii) that the
injury was caused by any act of childhood sexual abuse in the continuing
series.
The fact that the person abused discovers or through the use of reasonable
diligence should discover that the last act of childhood sexual abuse in the
continuing series occurred is not, by itself, sufficient to start the discovery
period under subsection (b). Knowledge of the abuse does not constitute
discovery of the injury
or the causal relationship between any later-discovered injury and the abuse.
(d) The limitation periods under subsection (b) do not begin to run
before the person abused attains the age of 18 years; and, if at the time
the person abused attains the age of 18 years he or she is under other
legal disability, the limitation periods under subsection (b) do not begin
to run until the removal of the disability.
(d-1) The limitation periods in subsection (b) do not run during a time
period
when the person abused is subject to threats, intimidation,
manipulation, fraudulent concealment, or fraud perpetrated by the abuser or by any person acting in the
interest of the abuser.
(e) This Section applies to actions pending on the effective date of
this amendatory Act of 1990 as well as to actions commenced on or after
that date. The changes made by this amendatory Act of 1993 shall apply only
to actions commenced on or after the effective date of this amendatory Act of
1993.
The changes made by this amendatory Act of the 93rd General Assembly apply to
actions pending on the effective date
of this amendatory Act of the 93rd General
Assembly as well as actions commenced on or after that date. The changes made by this amendatory Act of the 96th General Assembly apply to actions commenced on or after the effective date of this amendatory Act of the 96th General Assembly if the action would not have been time barred under any statute of limitations or statute of repose prior to the effective date of this amendatory Act of the 96th General Assembly.
(f) Notwithstanding any other provision of law, an action for damages based on childhood sexual abuse may be commenced at any time; provided, however, that the changes made by this amendatory Act of the 98th General Assembly apply to actions commenced on or after the effective date of this amendatory Act of the 98th General Assembly if the action would not have been time barred under any statute of limitations or statute of repose prior to the effective date of this amendatory Act of the 98th General Assembly.(Source: P.A. 101-435, eff. 8-20-19.)
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